Legal What If?s

onomatopoeia

Bzzzzz.......Doink
Jul 3, 2020
21,905
17,642
113
Cabbagetown
Someone has a body covered in intricate tattoos, perhaps by an artist now deceased, so they cannot be reproduced. Can they, while living, sell the rights to their body when it's dead to an individual, for the purpose of having the skin be exhibited as a piece of original art?

There are reasons why both parties can benefit from the contract:

The seller obtains money in his lifetime is exchange for a commodity he cannot move, payable at some unspecified future date. He also ensures that the original artwork on his person 'lives' beyond his lifetime.

The buyer obtains future rights to original artwork which he hopes will appreciate in value. He may also be able to legally purchase something that might subsequently be prohibited for legal sale, thus immediately increasing its rarity. The future rights might also be sold to a new buyer prior to the seller's death, with potential for sizeable profit.

Perhaps the buyer might be legally allowed to own the item, but it might be illegal to display it to a public audience.

It's legal to buy and sell human skeletons, but the rules might be different for skin. We don't want to see hoarded Nazi lampshades made from human skin hitting the auction block.

Would this contract be legal, under current Canadian laws?

If it was entirely your decision, would you change the existing law, or keep it as is?
 

moredale7

Well-known member
Sep 24, 2011
1,131
2,281
113
Someone has a body covered in intricate tattoos, perhaps by an artist now deceased, so they cannot be reproduced. Can they, while living, sell the rights to their body when it's dead to an individual, for the purpose of having the skin be exhibited as a piece of original art?

There are reasons why both parties can benefit from the contract:

The seller obtains money in his lifetime is exchange for a commodity he cannot move, payable at some unspecified future date. He also ensures that the original artwork on his person 'lives' beyond his lifetime.

The buyer obtains future rights to original artwork which he hopes will appreciate in value. He may also be able to legally purchase something that might subsequently be prohibited for legal sale, thus immediately increasing its rarity. The future rights might also be sold to a new buyer prior to the seller's death, with potential for sizeable profit.

Perhaps the buyer might be legally allowed to own the item, but it might be illegal to display it to a public audience.

It's legal to buy and sell human skeletons, but the rules might be different for skin. We don't want to see hoarded Nazi lampshades made from human skin hitting the auction block.

Would this contract be legal, under current Canadian laws?

If it was entirely your decision, would you change the existing law, or keep it as is?
You sound like you are suffering from post circumcision trauma.
 

mandrill

monkey
Aug 23, 2001
78,568
96,968
113
Someone has a body covered in intricate tattoos, perhaps by an artist now deceased, so they cannot be reproduced. Can they, while living, sell the rights to their body when it's dead to an individual, for the purpose of having the skin be exhibited as a piece of original art?

There are reasons why both parties can benefit from the contract:

The seller obtains money in his lifetime is exchange for a commodity he cannot move, payable at some unspecified future date. He also ensures that the original artwork on his person 'lives' beyond his lifetime.

The buyer obtains future rights to original artwork which he hopes will appreciate in value. He may also be able to legally purchase something that might subsequently be prohibited for legal sale, thus immediately increasing its rarity. The future rights might also be sold to a new buyer prior to the seller's death, with potential for sizeable profit.

Perhaps the buyer might be legally allowed to own the item, but it might be illegal to display it to a public audience.

It's legal to buy and sell human skeletons, but the rules might be different for skin. We don't want to see hoarded Nazi lampshades made from human skin hitting the auction block.

Would this contract be legal, under current Canadian laws?

If it was entirely your decision, would you change the existing law, or keep it as is?
I think it would be legal. You can sell anything unless forbidden by statute / regulation or judge-made public policy decisions.

I am quite sure that you cannot sell body parts while alive. The judges would stop you. A person cannot consent to being mutilated. But after death, it's probably legally acceptable.

I am not sure if you can sell blood in Canada. You certainly can in the USA.
 
  • Like
Reactions: onomatopoeia

Butler1000

Well-known member
Oct 31, 2011
31,150
5,245
113
As mummies etc are already a commodity for display the precedent is there. But perserving the skin with the Tats intact would be really difficult.
 

Ref

Committee Member
Oct 29, 2002
5,127
1,067
113
web.archive.org
Yeah babe!! Let that inner Ilsa Koch come out!!!
Thanks for the tid bit of information. I did not know of her (Bitch of Buchanwalk) and did some research. Though accused of keeping human skin as trophies (lamp shades, art, etc.), it was never proven in court that it was actually human skin. Still a pretty sick person.
 

y2kmark

Class of 69...
May 19, 2002
19,045
5,431
113
Lewiston, NY
Thanks for the tid bit of information. I did not know of her (Bitch of Buchanwalk) and did some research. Though accused of keeping human skin as trophies (lamp shades, art, etc.), it was never proven in court that it was actually human skin. Still a pretty sick person.
They didn't have the forensics they do now, and I think her art collection was destroyed. Apologists eagerly grasp at such straws...
 

silentkisser

Master of Disaster
Jun 10, 2008
4,443
5,604
113
I think it would be legal. You can sell anything unless forbidden by statute / regulation or judge-made public policy decisions.

I am quite sure that you cannot sell body parts while alive. The judges would stop you. A person cannot consent to being mutilated. But after death, it's probably legally acceptable.

I am not sure if you can sell blood in Canada. You certainly can in the USA.
In Canada you cannot legally Not blood, semen or eggs. I would imagine it would be a similar thing for skin or other organs. I could be totally wrong about this, but you I suspect there isn't any case law regarding it.

But, at the same time, who would want to have human skin? It is just so, well, outside the pale that I think it would be too gruesome for most people.
 

mandrill

monkey
Aug 23, 2001
78,568
96,968
113
In Canada you cannot legally Not blood, semen or eggs. I would imagine it would be a similar thing for skin or other organs. I could be totally wrong about this, but you I suspect there isn't any case law regarding it.

But, at the same time, who would want to have human skin? It is just so, well, outside the pale that I think it would be too gruesome for most people.
You cannot consent to be mutilated. And therefore, any contract that sold body parts of a living person would be legally void. It seems pretty clear without any caselaw.

Post mortem sales might be different.
 

Ref

Committee Member
Oct 29, 2002
5,127
1,067
113
web.archive.org
They didn't have the forensics they do now, and I think her art collection was destroyed. Apologists eagerly grasp at such straws...
Well at least she was found guilty for her crimes (y2k - Don't be such an asshole)
 

onomatopoeia

Bzzzzz.......Doink
Jul 3, 2020
21,905
17,642
113
Cabbagetown
Hypothetical #2:

A wealthy man with no children places a classified ad in a newspaper, looking for a surrogate mother. He offers a lump sum of money plus monthly child support for eighteen years to women who will conceive, bear and rear his child/children, plus a trust fund for the child payable when he/she reaches age eighteen. The man wants no part in raising the child/ children; he is only interested in having his genes pass to a new generation. One stipulation is that the child must be conceived naturally, through intercourse.

Would this be considered soliciting for the purpose of prostitution?
 
Ashley Madison
Toronto Escorts